Pre-Owners Guide to Sectional Title or Homeowners Association Living

Before purchasing property within a gated community, ensure that you are aware of what community living entails within that specific scheme, be it governed by the Body Corporate or by the HOA.

  • Before signing the offer to purchase, request a copy of the Conduct Rules, HOA Constitution, Architectural Guidelines and all relevant annexures to the Rules from either the owner or agent.
  • Familiarize yourself with the feel and ethos of the scheme. Is it a community you want to be living in. Is it in alignment with your personality and does the community conform with your lifestyle. You might not like animals and if the gated community is pet friendly, this can later become a problem for you. Or you may want to make alterations, check the guidelines, does it allow for any alterations you intend to make in the future. Will it impact on your future plans to make exterior improvements or alterations to the property?
  • How much are the levies? What does the levy cover? What does insurance cover ?
  • Minutes of previous AGM meetings, what was discussed? AGM Meetings – Is it something you will attend as big decisions are made if you are not present or don’t send a proxy. If a quorum is present to vote, then decisions can be made and passed. This is something you must be aware of.
  • What are the conditions for the installation or use of alternative energy?
  • What is the parking arrangement if you have more vehicles than garages/parking bays. Where will you park the extra vehicle?
  • Is the community scheme child friendly and what does the rules say about children?
  • What does the rules say about business activities conducted within the community?

These are a few guidelines to consider and remember should you fail to adhere to the rules, there will be consequences in the form of penalties and fines and even the withholding of levy certificates or HOA Consents, when you eventually decide to sell your property. Remember, once you are an owner within a gated community, transfer cannot pass to a new owner without a levy certificate or HOA consent. Therefore we encourage you to do your due diligence. Take the time, obtain the information and understand what the rules entails to make an informed decision as to whether your true desire is to live within that particular gated community.

Written by Erusha Reddy | Image courtesy of Michelle Burger